Other Publications by the Author 1. The Islamic Law of Succession 2. The Rules of Hajj and Umrah 3. The Rules of Itikaaf (Translation: Mufti Taqi Usmani) 4. What is Christianity? (Translation: Mufti Taqi Usmani) 5. The Rules of Zakaat 6. How to Calculate your Zakaat 7. Selected Essays in Islamic Law 8. Contemporary Fataawa (Compiled & edited: Mufti Taqi Usmani) ﻕﺃﺣﻜﺎﻡ ﺍﻟﻄﻼﻕ Islamic Law of Divorce M.S. Omar ﻕﺃﺣﻜﺎﻡ ﺍﻟﻄﻼﻕ Islamic Law of Divorce by MOHAMED SHOAIB OMAR BComm (Dbn Westville) LLB (Univ of Natal) Certificate in Tax Law and Estate Planning (UNISA), Certificate in Islamic Law (Darul Uloom Karachi) Practising Attorney of the High Court of South Africa COPYRIGHT 2007 © M.S. OMAR All rights reserved This book is copyright under the Berne Convention. In terms of the Copyright Act 98 of 1978 no part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from the Publisher. First Published 1983 MS OMAR P.O. Box 48050, Qualbert 4078 Durban, South Africa Tel: +27 31-306 3282 Fax: +27 31 305 3539 E-mail:
[email protected] PRINTED BY: Offset PRINTERS 7/9 Garth Road, Mayville, Durban, South Africa TEL: 031-2079410/1 FAX: 031-2079412 Contents Chapter Title Page Foreword i Preface ii 1 Introduction 1 2 Conditions relating to dissolution 5 3 Effect of three divorces: Irrevocable dissolution 11 4 Three divorces simultaneously: Legally effective but prohibited 13 5 Divorce by implication - No right of Re-taking 17 6 Oppressive husband: Wife’s remedy 21 7 Miscellaneous rules 23 8 Conditions in a marriage contract according to Islamic Law 25 9 Tafwid Ul Talaaq at the time of marriage 29 10 The nature and effect of Talaaq (Divorce) 33 11 Grounds for dissolution of a marriage in Islamic Law 37 Footnotes 51 Foreword The major and significant portions of the text were read to me by the author.